DDRO 25A91 - Arbitral dispute resolution in the transnational realm

This course introduces arbitration as a procedural alternative to litigation. Different types of arbitration coexist for the settlement of a wide array of disputes in the transnational realm. Four types will be studied in this course, i.e. commercial, investment, sports and public international arbitration. Notwithstanding their evident distinctive features (e.g. involved parties, applicable law etc.), this course will—on the procedural level—highlight common features and the challenges which they all face. Solutions to these challenges are nowadays no longer sought only in isolated reform and policy initiatives focusing on only one of these types of arbitration. Rather, global solutions and trends emerge for instance as regards the fight for corruption or the increasing demand for accountability and transparency of arbitral decision-making. Students will identify and study the legal steps of the arbitral process from the signing of the arbitration agreement to the enforcement of the final award. While the course centers on procedural aspects, the provided materials and class discussions will evidently offer insight into the substantive side of these disputes. Each session will first provide an overview aimed at fostering a holistic understanding of the key procedural principles and dynamics at play. Subsequently, class discussion will delve into a curated selection of materials encompassing all of the studied types of arbitration. Concurrently, students will engage in a practical arbitration moot exercise, focusing on a range of procedural issues within a simulated arbitration framework. Working collaboratively in teams, students will develop written arguments and present them before a fictitious Arbitral Tribunal during the final session of the course.

Alexandre SENEGACNIK

Séminaire

English

This course is open to all students with a general interest in law. Prior or parallel attendance of law courses is a plus, but not a prerequisite

Spring 2024-2025

Participation — 15% MCQ exams [In Class x2] — 25% Final Moot Court — 60% - Drafting a Request for Arbitration (Request) or a Reply to Request for Arbitration (Reply) - Drafting a Statement of Claim (SOC) or a Statement of Defense (SOD) - Hearing - General round of pleadings building on either Request/SOC or Reply/SOD